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(영문) 의정부지방법원고양지원 2015.12.04 2015가합73524

정산금 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As the defendant's words, the original defendant is one of the friendships.

B. On June 8, 1979, the Plaintiff purchased each share of 492 square meters, 100/264 (hereinafter “each share of this case”) and the unregistered building of 381 square meters, each of which is 492 square meters and 100/264 (hereinafter “each of the shares of this case”) in Pakistan-si, Pakistan-si, and completed the registration of ownership transfer of each share of this case on June 21, 1979, and resided in

C. Each of the instant shares was awarded to Nonparty F by voluntary auction on August 30, 2002, and the registration of ownership transfer was completed in the name of F on October 16, 2002.

Since then, the Plaintiff purchased each of the shares of this case from F with the loan of Nonparty H in the name of Nonparty 30,000,000 won borrowed from Nonparty G, the Plaintiff purchased each of the shares of this case, and on October 17, 2002, with respect to each of the shares of this case as security for the above loan of KRW 30,000,000,000 from G, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to each of the shares of this case to the obligor H and the mortgagee G. On February 10, 203, the Plaintiff completed the registration of ownership transfer under H’s name.

E. The defendant purchased each of the shares of this case from H on July 23, 2003 and completed the registration of ownership transfer in the name of the defendant on the same day.

F. On December 3, 2007, the Defendant sold each of the shares of this case to the Non-Party Spanc Co., Ltd. (hereinafter “Spanc”), KRW 700,000,000, and completed the registration of ownership transfer in the name of Spanc on December 14, 2007.

G. On December 27, 2013, the Plaintiff filed an application with the Defendant for conciliation (this Court 2013 Ss. 12694) seeking the payment of the agreed amount related to each share of the instant case, but failed to reach an agreement, and failed to raise the cost required for subsequent procedures, and thus, the application was dismissed on April 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 9, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff purchased each share of this case, and the plaintiff's husband.